A. Tajul Islam Maisan v. The State Rep.By

Crl.O.P.Nos.30635 & 30639 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioners, who were arrested and remanded to judicial custody on 08.12.2021 for the offences punishable under Sections 8(c),20(b)(ii) C of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.791 of 2021 on the file on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners were involved in illegal possession of 21.500 kgs of ganja. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the respondent completed investigation and filed final report on 03.06.2022. Hence, he prays for grant of bail to the petitioners.

4. The learned Government Advocate appearing for the respondent would submit that the contrabands which were seized from the accused is a

commercial quantity and the petitioners were in concious possession of the said contraband. Hence, he opposed for grant of bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering that the contraband seized from the accused is a commercial quantity. That apart, the petitioners failed to fulfil the twin conditions as contemplated under Section 37 of NDPS Act. Further, already this court dismissed the bail petition and these are the second bail petitions. Even then, there is no change of circumstances in the case. Hence, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, both the criminal original petitions are dismissed. 23.12.2022 lok

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.Nos.30635 & 30639 of 2022 23.12.2022